What specific claims related to the use of marks are exempt from the one-year limitation for Kitchen Solvers?
Kitchen_Solvers Franchise · 2025 FDDAnswer from 2025 FDD Document
Except for claims arising from your non-payment or underpayment of amounts you owe to us, or claims related to your unauthorized use of the Marks, any and all claims arising out of or related to this Agreement or the relationship of the parties will be barred unless a judicial or arbitration proceeding, as required under this Agreement, is commenced within one (1) year from the date on which the party asserting such claim knew or should have known of the facts giving rise to such claims, and that any action not so brought shall be barred, whether as a claim,
counterclaim, defense or setoff.
Source: Item 23 — Receipts (FDD pages 49–190)
What This Means (2025 FDD)
According to Kitchen Solvers' 2025 Franchise Disclosure Document, the standard one-year limitation for claims does not apply to claims related to unauthorized use of the Kitchen Solvers marks. This means that Kitchen Solvers franchisees have more than one year to bring a claim against the franchisor related to unauthorized use of the marks.
This exception to the one-year limitation benefits franchisees by allowing them more time to address issues related to the unauthorized use of Kitchen Solvers' trademarks. This could include instances where the franchisor or another franchisee is allegedly misusing the Kitchen Solvers brand or logo, which could potentially harm the franchisee's business or reputation.
It is important for prospective Kitchen Solvers franchisees to understand the implications of this clause. While the standard one-year limitation applies to most claims, the exception for unauthorized use of the marks provides additional protection for the franchisee's investment in the Kitchen Solvers brand. Franchisees should consult with an attorney to fully understand their rights and obligations under the franchise agreement.